Legal Opinion
Mertz v. Berry
Michigan Supreme Court
Decided June 16, 1894PublishedCited by 10 opinions
Appeal from St. . Clair. (Vance, J.) Submitted on briefs Bill to set aside a levy upon complainant's homestead, and the sale 'thereunder. Decree affirmed. The facts are stated in the opinion.
1Opinion of the CourtMcGrath, C. J.
The sole question in this case is whether, under our Constitution, the homestead is exempted from levy and sale under an execution issued upon a judgment recovered in an action of tort.
The Constitution provides (article 16, § 3) that—
“ Every homestead * * * shall be exempt from forced sale on execution, or any other final process from a court, for any debt contracted after the adoption of this Constitution. ”
The statute provides (How. Stat. § 7721) that—
“A homestead * * * shall not be subject to forced sale on execution, or any other final process from *33a court, for any debt or debts growing…
2Cases cited11 opinions
- Beecher v. BaldyMichigan Supreme Court · 1859
- Burton v. MillSupreme Court of Virginia · 1884
- McLaren v. AndersonSupreme Court of Alabama · 1886
- Loomis v. GersonIllinois Supreme Court · 1871
- Robinson v. . WileyNew York Court of Appeals · 1857
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brun v. MannCourt of Appeals for the Eighth Circuit · 1906
- Schooley v. SchooleySupreme Court of Iowa · 1918
- In re HarperDistrict Court, N.D. New York · 1910
- Bronson v. SyversonWashington Supreme Court · 1915
- Shelby v. ZieglerSupreme Court of Oklahoma · 1908
5 more not listed; retrieve them via the Exa API.